motor vehicle accident claim
Er. praveen garg
(Querist) 01 May 2010
This query is : Resolved
sir,
i wan to ask were can a claiment in mvat can sue
1) in distric wre accident took place
or can sue in his own state
owner will always be party or
insurence company and driver can be pARTY
Arvind Singh Chauhan
(Expert) 01 May 2010
He can sue in his own state and in the district where accident took place also.Owner of the vehicle and if the vehicle is insured insurer are necessary party.
Parveen Kr. Aggarwal
(Expert) 01 May 2010
Section 166(2) of the Motor Vehicles Act, 1988:
"(2) Every application under sub - section(1) shall be made, at the option of the claimant, either to the Claims Tribunal having jurisdiction over the area in which the accident occurred or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides, or carries on business or within the local limits of whose jurisdiction the defendant resides and shall be in such form and contain such particulars as may be prescribed"
Driver is liable for his negligence. The owner of the vehicle is liable vicariously for the negligent acts of his servant (driver). The insurance company is liable being indemnifier of the owner of the vehicle.
G. ARAVINTHAN
(Expert) 02 May 2010
Shall be made in the same district.
Owner of the vehicle, driver of the vehicle and the insurance company of the vehicle involved in the accident to be arrayed as parties
